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‘Initial intention’ of assessee to decide whether an activity amounts to ‘trading activity’ or ‘investment activity’

January 10, 2018 2562 Views 2 comments Print

ITO Vs. M/s Nupur Carpets Pvt. Ltd. (ITAT Kolkata) We note that the AO treated net ‘surplus’ as business income instead of capital gains on the ground that the assessee carried out business of share trading as evident from large volume of transactions and systematic, organized, repeated and regular activity in shares with a clear […]

Advance Ruling Mechanism in GST- All you want to Know

January 10, 2018 6615 Views 1 comment Print

An advance ruling helps the applicant in planning his activities which are liable for payment of GST, well in advance. It also brings certainty in determining the tax liability, as the ruling given by the Authority for Advance Ruling is binding on the applicant as well as Government authorities. Further, it helps in avoiding long drawn and expensive litigation at a later date.

Notification No. 04/2018- Customs (N.T.), Dated: 10.01.2018

January 10, 2018 2796 Views 0 comment Print

Notification No. 04/2018- Customs (N.T.) In exercise of the powers conferred by sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs, hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 92/2017-Customs (N.T.), dated the 28th September, 2017, published vide number G.S.R. 1210(E), dated the 28th September, 2017, namely : —

Online Information Data Base Access and Retrieval (OIDAR) Services in GST

January 10, 2018 17037 Views 0 comment Print

Online Information Database Access and Retrieval services (OIDAR) is a category of services provided through the medium of internet and received by the recipient online without having any physical interface with the supplier of such services. E.g. download of an e-book online for a payment would amount to receipt of OIDAR services by the consumer.

Railway Punitive Charges for wagon overloading is allowable expense

January 10, 2018 9456 Views 0 comment Print

DCIT Vs. M/s Fee grade & Company Ltd. (ITAT Kolkata) Punitive charges for overloading were actually in the nature of additional freight for transporting goods beyond the permissible carrying capacity which cannot be categorized as an expenditure incurred for any purpose which is an office or infringement of law. Following the aforesaid decision the CIT(A) […]

Valuation in GST: All you wanted to Know

January 10, 2018 15183 Views 0 comment Print

Every fiscal statue makes provision for determination of value as tax is normally payable on ad-valorem basis. In GST also, tax is payable on ad-valorem basis i.e. percentage of value of the supply of goods or services.

All about Pure Agent Concept in GST

January 10, 2018 22503 Views 2 comments Print

The GST Act defines an Agent as a person including a factor, broker, commission agent, arhatia, delcredere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another.

Section 269SS not applies to Cash Transaction between Close Family Members for giving support & help

January 10, 2018 19785 Views 1 comment Print

To support the family members, the money has been given by the assessee to his son/wife. This is simply a transfer of money from one family member to another family member to support day to day expenses, educational expenses and other family expenses

Last Date to file Return in Form GSTR-1 is 10th January

January 9, 2018 4350 Views 2 comments Print

Attention Taxpayers- The last date for filing Return in FORM GSTR-1 is 10th January, 2018. Please file your Return Now! Registered persons having Aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial year have to file Quarterly Return in FORM GSTR- 1 for July- September 2017

Govt depts should avoid unnecessary litigation in Constitutional Courts just for the sake of proving their fictional desires: HC

January 9, 2018 1635 Views 1 comment Print

Revenue authorities and other Government Departments should not avail constitutional remedies for not good reasons, waste the public money and time of constitutional court for frivolous writ petitions

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